44Searches of land or premises

##### 44 Searches of land or premises (1) This section applies if a warden suspects on reasonable grounds that there is in or on land or premises: (a) anything in respect of which an offence against this Act has been committed; or (b) anything that may afford evidence about the commission of an offence against this Act. (2) The warden may, with the consent of the owner or occupier of the land or premises or under a warrant issued under section 44A: (a) enter the land or premises; and (b) search the land or premises; and (c) break open and search a cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in which the warden suspects on reasonable grounds there to be anything of a kind referred to in subsection (1); and (d) examine and seize: (i) anything in respect of which the warden suspects on reasonable grounds an offence against this Act has been committed; or (ii) anything that the warden suspects on reasonable grounds may afford evidence about the commission of an offence against this Act. (3) A warden (other than a member of a police force who is in uniform) who proposes to enter land or premises under subsection (2) must: (a) in the case of a member of a police force—produce, for inspection by the owner or occupier of the land or premises, written evidence of the fact that the warden is a member of a police force; or (b) in any other case—produce the warden’s identity card for inspection by the owner or occupier; and, if the warden fails to do so, he or she is not authorised to enter the land or premises. (4) If the entry is under a warrant issued under section 44A, the warden is taken not to have complied with subsection (3), unless he or she also produces the warrant for inspection by the owner or occupier.